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Mark McBurney

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  1. Hi, I wonder if anyone can help with this? I've been with Orange for probably 10 yrs now, same account & number, and I upgraded my phone in January after my previous 24 months ended, and opted for a non-iPhone deal for the Samsung Galaxy Note 3. Anyway, since then, EVERY bill has been wrong and we have been charged for every megabite of data, even though as part of my tarrif I get 1gb included. I called them on 7th April to complain about this and was told by a chap there that they hadn't applied the correct tariff and that he would pass it to their 'resolution' team or some other department, to deal with it and get things refunded. It's today the 26th April and I called to chase them as we have heard nothing, and was told that it had never been referred to anyone (the lady today said it should be the billing department). Up to now I was quite happy for them to correct their error and get on with it but quite frankly I've had enough of their shoddy service and believe that I have a right to terminate or rescind the contract, as they haven't fulfilled their side of the contract and provided me with the service that I signed up to. Am I right? Surely they can't just say 'we're resolving the problem' as the person on the phone today said? It's very nearly May and not one of our bills has been correct. Could I ask anyone who knows about this sort of thing a couple of questions please? Firstly, who should I write to, just the complaints department or cancellations department, or formally to the MD? Secondly is it advisable to send the handset back with this letter? I'm not fussed about trying to cancel and keep the phone, that is not my objective at all, but don't know if I need to? Thanks in advance for your help. Mark.
  2. Thanks for the help guys/girls. I'm hoping our Landlord will be as reasonable as possible as we need the deposit from this to pay our move in costs for the new place on moving day as we don't have a spare £2,500 kicking about, I'm hoping that the threat of legal action might spur him into payin our entire deposit back without quibble and before we go...! Unfortunately if it comes to it I can't not mention the TDS threat before we go as like I said we are in desperate need of the deposit money to actuall move!
  3. Hi, i've read about all of your successes regarding reclaiming bank charges and I just wondered whether I'd be eligible to apply for a refund... I had an account with originally Midland Bank and then HSBC right up until I was made bankrupt - not by HSBC - in 2007. During the period of probably 2000 - 2007 I amassed a fair few bank charges being a bit irresponsible with money and I'm just wondering whether as the account is now closed and getting copy statements would be, I imagine, difficult at best and a bloody nightmare at worst, I could apply for a refund? I fully expect to be told no and that is fine, I made the mistakes and paid the charges so why should I, I just wondered from Reading about the cases on here. Thank you in anticipation. Mark
  4. Whether it is relevant or not I don't know but I'll just add that when we received confirmation that we had got our new house, it was on the basis that we moved by the week ending 1st August - which was two days short of a month's notice from that date. I spoke to the Landlord who agreed with a moving date of Friday 30th July, and I offered, and he accepted, to pay the full month's notice, so an extra two days on top of when we would actually be leaving as a goodwill gesture. I'm guessing this is by-the-by but will it effect the case at all? Regards
  5. Hi guys, have read the site for a while now but never posted. I have a few issues with our Landlord that I could use some help with. To give you some background, the place we're in is ultimately being levelled and four houses built on the grounds. We knew this when we moved in and the Landlord made no secret of the fact. We are renting 'privately' so no agent involved. AST signed 8th May 2009, for 12 months which obviously expired on 8th May 2010. No new agreement as the Landlord is in the final throws of gaining the required PP to build. First issue: the property is ONE dwelling according to Land Registry, and only registered for one council tax, Water etc account. However, there is a small one bedroom self contained annexe which is rented out to a separate couple. I'm guessing there is some sort of issue legally with this set up? The whole set up has led to problems with us paying rent as the utilities are in our names and we have to reclaim the relevant amounts from next door however they are awful at actually paying us so we've been a few days, up to a week or two, late with rent in the past. We are completely up to date now though, including the final, reduced, rent payment on the 9th of this month. We received a notice to quit from the LL giving ONE months notice last month, however after being laughed off this has been retracted because... Second issue: Our deposit of circa £1400 paid upon entry was NEVER protected under the TDS. The AST states that it is held with TPS however after checking with them (and the other two) it is definitely NOT held with any of them. We are moving out on 30th July as my son starts Primary school in September and we need some sort of stability rather than being turfed out at two months notice to find somewhere else, probably with a new school to boot. My main question is this - our Landlord is going to inspect the property a few days before we go (bearing in mind that NO inventory or condition report or anything was ever signed when we moved in, with the Landlord using the phrase "I don't care what you do to the place, it's being knocked down") with a view to our deposit. If we had the money to pay our new place outright then I would still take the guy to court as he owns a lot of property and I'm sure has never registered any deposits and there must be lots of people who have had much needed deposit money withheld unfairly and more importantly ILLEGALLY. So, if he tries to withhold any money I am planning to write to him to tell him that I will ONLY accept the full amount back and that I will take him to court to try to reclaim 3x as compensation. Am I correct doing this? Also, if he agrees to pay the full amount, can I then take him to court anyway for the 3x compensation? As I say, it's not about the money, and if we had the money to move anyway I would press ahead with proceedings in the hope that he changes his ways for future tenants. As I understand it, I am fully entitled to take him to court after the tenancy has ended, and that I can further take him to court if he pays an amount that HE is happy with and I am NOT for the remainder of the deposit PLUS the 3x deposit, but can I, I guess, have my cake and eat it? The main thing really is that we can't afford to lose our next place as it's in a perfect position, is long term and is bigger and cheaper so we really can't jeopardise this by missing our move in date because of a court case unless it really comes to it. Apologies for the extremely long winded post but I don't know how to attack this. Thanks in advance for your help. Mark McBurney
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